Florida Relocation Law

After a divorce, there are many reasons why a parent may wish to move with their child. However, Florida law places restrictions on whether and how far a parent can move with or without permission from the other parent and the court. If you wish to move or the other parent of your child has informed you of their intent to relocate, The Soto Law Office, P.A. is here to help you review your legal options. Call the office or contact us today to schedule a consultation of your case.

What is Considered a Relocation?

A relocation is defined under Florida law as a permanent move that is 50 miles or more away from the current residence. Temporary moves, such as moves providing for the child’s medical care, a vacation, or a move for the child’s education are not considered relocations under the state’s laws. If both parents agree on the move, a relocation can be relatively simple. A document can be filed by an attorney with the court that stipulates an agreement by both parents, a new timesharing schedule, and an updated plan on transporting the child(ren) between parents.

Disagreement on Relocation

If one parent wishes to relocate 50 or more miles away and the other parent disagrees with the decision, a formal hearing must be held to determine whether the parent who wishes to move is allowed to do so. The parent wishing to relocate must file a petition that explains when the move will happen, the reasons for the move, and proposed timesharing and transportation plans. The parent that is not moving has an opportunity to respond and explain to the court why they disagree.

The court views the decision of relocation through the lens of what is in the best interests of the child. Factors that are considered include the following:

● The child’s relationship with each parent,

● The child’s age and needs,

● The impact of the move on the child’s development,

● The child’s preference,

● The parents’ reasons for and against the move,

● Whether the parent is moving for good-faith reasons,

● Whether parents have abided by child support, alimony, and other issues stipulated in a divorce, and

● Any history of substance abuse or domestic violence.

Talk to Our Office

To learn more about relocation laws in Florida, call or contact The Soto Law Office, P.A. to schedule a consultation of your case today.